Wicomico County, MD
Council Minutes
February 25, 2003

The County Council of Wicomico County, Maryland met in regular session on Tuesday, February 25, 2003, 10:00 a.m., Council Chambers, Government Office Building, Salisbury, Maryland. Those in attendance were Anthony Sarbanes, President; Charles R. Dashiell, Vice President; Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long, and Larry W. Dodd.

President Sarbanes brought the meeting to order calling for additions or corrections to the Minutes of February 4, 2003. Upon motion made by Mr. Dashiell, seconded by Mrs. Prettyman, and unanimously carried, the Minutes of February 4, 2003 were accepted as corrected. The correction is so noted in the original Minutes of that meeting.

Mrs. Prettyman, Council representative to the Local Management Board, introduced Ruth Baker, Board member, who is willing to be reappointed to a term of three years and Andy Kim, who has expressed a willingness to serve representing Greater Salisbury Committee. In addition, the Board recommends a change in representation from Recreation and Parks, from Gary Mackes to John Terrell. On a motion by Mrs. Prettyman, seconded by Mr. Long, and unanimously carried, Ruth Baker was reappointed, Andy Kim was appointed, and John Terrell will represent Recreation and Parks.

The Administrative Director, Theodore E. Shea submitted transfers on behalf of the Board of Education. By letter from E. Bruce Ford, Comptroller, the Board requests approval for transfers of funds between categories of its annual budget for fiscal year 2002-2003 for the month of February, in the amount of $3,551. On motion made by Mr. Taylor, seconded by Mr. Long, and unanimously carried, Council approved the request. Council concurred to make transfers under $l,000 between categories of its annual budget for fiscal year 2002-2003 for the month of February 2003, in the amount of $1,683, and Council concurred to make transfers within major categories of its annual budget for fiscal year 2002-2003 for the month of February 2003, in the amount of $12,750.

Mr. Shea reported determination by the Internal Revenue Service that the County’s Pension Plan satisfies the qualification requirements for favorable tax treatment. The determination letter is conditioned on the adoption of an Amendment to the Plan to include a full definition of “leased employee”. On motion by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council approved Amendment No 3.

Mr. Shea advised that Tri-County Council requests time on an agenda to present the Comprehensive Economic Development Strategy. Council agreed to hear the presentation during its March 4, 2003 meeting.

Messrs. Skip Jones and Steve Tilley came before Council regarding gypsy moth in Wicomico County, and the Maryland Department of Agriculture’s program to manage. Monitoring expenses are shared through a cooperative program among Federal, State of Maryland, and Wicomico County. The proposal indicates that 288 acres of private land in Wicomico County will be treated using aerial application, and is estimated at $2,500 based on a 30% county cost-share rate. Mr. Tilley explained that specific guidelines do not allow spraying in areas of less than 25 acres or areas with less than 50% oak trees. Mr. Shea noted a budget of $3500 and if cost exceeded that amount, another transfer would be requested. On motion by Mr. Dashiell, seconded by Mr. Taylor, and unanimously carried, Council voted to participate in the Gypsy Moth Cooperative Suppression Program, to the extent of the 288 acres being requested. Mr. Tilley informed Council of his availability to advise residents upon request.

Mr. Shea submitted the following Public Drainage Associations levies for 2003-2004, together with appointments for Board of Managers:

Allen: Cropland $2.00 per acre

Woodland $ .50 per acre

Minimum billing $8.00

Ulysses Polk to serve as Manager, 3 year term

Rosalie Fields to serve as Manager, 2 year term

Ellen Gray to serve as Manager, 1 year term

Aydelotte: Cropland $2.50 per acre

Woodland $1.25 per acre

Minimum billing $10.00

Sidney Richardson to serve as Manager, 3 year term

Richard Layfield to serve as Manager, 2 year term

Alan Richardson to serve as Manager, 1 year term

Beaverdam: Cropland No Levy

Woodland No Levy

Minimum billing No Levy

John Lee Taylor to serve as Manager, 3 year term

Dividing Creek:

Cropland $6.00 per acre

Woodland $3.00 per acre

Minimum billing $25.00

Stanley Brown to serve as Manager, 3 year term

Jimmy Johnson to serve as Chair

Mrs. Bartkovich called attention to the report indicating approximately $13,000 that had not been transferred. The Director of Finance offered to research. (note: The Director responds later in the meeting)

Givans: Cropland $ .50 per acre

Woodland $ .50 per acre

Minimum billing $10.00

Ben Brittingham to serve as Manager, 3 year term

Gorman Brittingham to serve as Manager, 2 year term

Paul Brittingham to serve as Manager, 1 year term

Green Branch:

Cropland $2.10 per acre

Woodland $ .70 per acre

Minimum billing $15.00

J. D. Ireland to serve as Manager, 3 year term

Bud Hudson, completes term of Lee Disharoon, 2 year term

Todd Richardson to serve as Manager, 1 year

Horsebridge:

Cropland $ .52 per acre

Woodland $ .13 per acre

Minimum billing $10.00

Raymond Adkins to serve as Manager, 3 year term

Oren Perdue to serve as Manager, 2 year term

Tom Johnson to serve as Manager, 2 year term

Ola Meadowcroft to serve as Manager, 1 year

Head of Creek:

Cropland No Levy

Woodland No Levy

Minimum billing No Levy

Brian Berkey to serve as Manager, 3 year term

Alma Asbury to serve as Manager, 2 year term

Harrison Langeler to serve as Manager, 1 year term

Laws: Cropland No Levy

Woodland No Levy

Minimum billing No Levy

Victor H. Laws to serve as Manager, 3 year term

Ben Brittingham to serve as Manager, 2 year term

Robert M. Davis to serve as Manager, 1 year term

Mill Branch:

Cropland $ 2.00 per acre

Woodland $ .50 per acre

Minimum billing $10.00

J. Howard Adkins to serve as Manager, 3 year term

Donna Insley completes 2 year term of Frances Cullen

Frank Inscoe to serve as Manager, 1year term

Nanticoke:

Cropland $7.00 per acre

Woodland $3.50 per acre

Minimum billing $12.00

Kenneth White to serve as Manager, 3 year term

Laurence Elsey to serve as Manager, 2 year term

Herman Turner to serve as Manager, 1 year term

Nebo Road:

Cropland $6.00 per acre

Woodland $ No Levy

Minimum billing $30.00

Ruth Brittingham to serve as Manager, 3 year term

Goldsboro Lawrence to serve as Manager, 2 year term

Cliff Lawrence, Sr. to serve as Manager, 1 year term

Passerdyke:

Cropland $3.75 per acre

Woodland $1.25 per acre

Minimum billing $10.00

Thomas Banks to serve as Manager, 3 year term

Bob Gannon to serve as Manager, 2 year term

Charles Fleming to serve as Manager, 1 year term

Pine Branch:

Cropland $3.00 per acre

Woodland $ 1.00 per acre

Minimum billing $15.00

Tom Donaway to serve as Manager, 3 year term

Jacob Jones to serve as Manager, 2 year term

George C. White to serve as Manager, 1 year term

On motion by Mrs. Prettyman, seconded by Mr. Taylor, and unanimously carried, Council confirmed tax levies and appointed Boards of Managers as recommended.

Mrs. Petersen submitted the Statement of Latest Investment Rates/Balances for All County Funds as of February 25, 2003 which reflects a total General Fund balance of $78,109; Capital Project Fund balance of $25,429,026. Total Major Non-Designated County Funds, $40,709,767. Total Designated Reserves and “Rainy Day” Reserve Funds, $4,770,987. Mrs. Petersen reported Westside Volunteer Fire Department has applied for its proportionate share of the Capital Incentive Sinking Fund. The request indicates Westside wishes to purchase a new tanker and, accompanying the request is certification of funds. On motion by Mr. Long, seconded by Mr. Dashiell, and unanimously carried, Council approved the request, granting $49,500 to West Side Volunteer Fire Department. John Ellis, Chief Accountant, shared a report of significant year-to-date transactions for the General Fund with supporting graphs. Mrs. Prettyman asked if Council wished to discuss the Wicomico County – Strategic Plan Task Force – White Paper. Mrs. Petersen commented that by request of the Deputy Administrative Director she prepared an outline for general discussion purposes. With that it mind, Council agreed to discuss during its March 4 afternoon work session. President Sarbanes asked Council to submit comments to the Administrative Director.

In response to inquiry from Mrs. Prettyman, Dr. Judith Sensenbrenner, Health Officer, shared statistics on teen pregnancy rates. Using graphs, she submitted comparative figures for Wicomico County versus the State of Maryland.

Dr. Sensenbrenner and Rick Dwyer, Superintendent, Wicomico Transit, came before Council regarding a proposed Inter-Governmental Agreement and pending contract negotiations with Yellow Transportation, the current provider for fixed routes and demand response/para-transit systems. The Tri-County Council is attempting to regionally coordinate a tri-county system under the direction of Shore Transit and, while negotiating rates with Yellow Transportation, Wicomico Transit requests approval to enter an Inter-Governmental Agreement with one of the political subdivision on the Lower Shore, if they can provide transit more inexpensively. On motion by Mr. Dodd, seconded by Mr. Long, and unanimously carried, Council approved the request. Ms. Amy Crouse, Rehabilitation Service Coordinator for Blind Industries and Services of Maryland, together with clients Theo Roberts, Delores Koveleski and Frances Walls, came before Council to address concerns pertaining to the transit system. Mrs. Crouse expressed the need for her client’s independence and consistency. While the system works it does so with limitations, which are particularly inconvenient for the aged within her industry. Individual clients shared that inconvenient schedules cause early arrivals to doctor appointments, scheduling a second trip to fill prescriptions, excessive delays in pickup times and waiting in inclement weather conditions. Clients agreed the system is adequate but not accessible. Following discussion, Mr. Dwyer responded that it appears there are services and schedules that clients may not be aware of, and for that reason, experience difficulty. He is of the opinion that educating the public would bring resolution to immediate problems. Mr. Dwyer then offered to meet with Mrs. Crouse and others, to better explain the system, schedules and accessibility.

Mr. Shea announced R. Hunter Nelms, Sheriff, called to advise he had no immediate agenda items to bring before Council.

In response to inquiry regarding Dividing Creek, Mrs. Petersen reported the creek spans three counties, Wicomico, Somerset and Worcester. Worcester performs the maintenance, Wicomico collects the taxes and pays Worcester during the month of November. The ending balance on the report is as of October 31 therefore payment had not occurred.

P. Rai Sharma, Director of Public Works submitted a Snow Report for February 15, 2003; salt use, over and above regular work hours, materials, and replacement of mailboxes. Estimated out-of-pocket costs for recent snowfalls, $80,000. Commending his staff for a job well done, Mr. Sharma stated he has had very few complaints. He told Council the department is aware of the many roads damaged by recent weather conditions. Mr. Taylor questioned whether cars parked along snow routes impede plowing. Mr. Sharma stated motorist park along snow routes unless they are appropriately posted. Mr. Taylor thought it helpful if the media would include and advisory when reporting anticipated snowfall. Mrs. Bartkovich shared a news article from the Daily Times from an individual suggesting the department was non-responsive. Mr. Sharma advised each telephone call received by his department is logged. He will investigate.

Edgar A. Baker, Jr., County Attorney, submitted a Letter of Agreement between Wicomico County and U. S. Army Corp of Engineers for the Stream Flow Improvement Study (Peggy Branch). Funding to complete identified tasks is a 50/50 cost share. Wicomico County’s cost, $38,195, which is budgeted. Mr. Baker advised his only concern had been addressed, that Wicomico County would not loose its monetary support should the project not be funded in accordance to agreement. On motion by Mrs. Prettyman, seconded by Mr. Taylor, and unanimously carried, Council approved the Letter of Agreement.

A Public Hearing was held in compliance with Section 22-2(G) of the Wicomico County Code, that the County Council of Wicomico County, Maryland would hear public comment on its proposal to accept for consideration, deeds from the owners of those lots or parcels of land binding upon the northerly and southerly sides of Richland Road from its intersection with Richardson Road to Bethel Road. The parcels to be acquired are strips of land extending the entire frontage of each lot and approximately 15 feet in depth and are more particularly shown and described on a plat entitled, R.O.W. Acquisition for Wicomico County, Maryland, Richland Road from Richardson Road to Bethel Road, dated October 2001. The properties are being acquired for the purpose of widening and improving Richland Road for the safety of school traffic and the citizens of the county. Costs range from $300 to $2600. Hearing no protests or objection, on motion made by Mr. Dashiell, seconded by Mr. Taylor, and unanimously carried, Council approved the acquisitions.

Mr. Sharma recalled that members of the Church of the Latter Day Saints on Green Lawn Drive requested signage to disallow trucks/trailer parking on property adjacent to their facility, the noise level disrupted church services. Council suggested Mr. Sharma contact the owner in an attempt to resolve the problem. Mr. Sharma reports that he has talked with the owner and he has agreed to relocate the vehicle.

In the absence of Linda Hardman, Director of the Local Management Board, Mr. Shea called attention to the request to renew the Youth Strategies Consolidated Grant. The grant assists in the prevention and reduction of adolescent substance abuse, juvenile delinquency, provides early intervention and delinquency programs, creates/expands or enhances community-based programs and aftercare for youth in the juvenile system. The State Advisory Board on Juvenile Justice through the Governor’s Office of Crime Control and Prevention provides the funding. Mrs. Hardman requests concurrence to seek funding. The funding level for Wicomico County is $376,873. On motion made by Mr. Taylor, seconded by Mr. Long, and unanimously carried, Council authorized application.

Wicomico County Emergency Services Director, Sandra Wheatley, Deputy Director Jane Grogan, and Systems Administrator Radio Division Billy Nutter, came before Council regarding 800 MHz Radio Signal Booster System. Mr. Nutter encouraged Council to consider imposing an ordinance to mandate commercial developers to make new construction accessible to 800 MHz radio systems used by police, fire and public service personnel. He pointed out that 95% of Wicomico County is accessible however the Government Office Building, Peninsula Regional Medical Center and courthouses are among buildings where there are no signals. Mr. Long asked if the mandate would include existing buildings, to which Mr. Nutter advised that radio repeaters could be purchased. Terming the request a safety issue, Mr. Dodd offered a motion to proceed with regard to new construction and pre-existing buildings. Mr. Long seconded the motion. It was the recommendation of Mrs. Prettyman to appoint a study committee, make recommendation then proceed. Council concurred. Mr. Dodd amended his motion to include the appointment of a committee. Mr. Long amended his second. President Sarbanes instructed Mr. Shea to structure the committee and come back with recommendations.

Mr. Baker recalled the agenda item for Richland Road and that Daniel and Alfred Rayne, who did not favor the acquisition, were in attendance but did not recognize that public comment was invited. Having held conversation outside the Council Chamber, Mr. Baker offered them an opportunity to make a presentation to Council. They elected not to do so however, indicated they were not aware that they were the only ones who had a problem with the acquisitions. Following a brief discussion about the appraisal, the offer and procedure, they agreed to deed the property to the County and accept the offer. Mr. Baker then advised that condemnation proceedings would no longer be necessary.

Charter Review Committee

Mr. Shea confirmed the following persons are willing to serve from the 2002 Charter Review Committee-Henry Parker, Chair, Kenneth Matthews, Vice Chair; M. J. Caldwell, A. Kaye Kenney, Scott Robertson, William Duvall, Edward Henry, Tee O’Connor, William Evans and Vernon Rivers. Unable to serve are Lt. William Harden, Joe Holloway, Luis Luna and Wayne Calloway. Mr. Sarbanes added that Edward Banks agreed to serve. Mrs. Prettyman suggested the committee be closed with the eleven aforementioned. Council concurred.

Transfer Development Committee

Mr. Bill Guy was appointed as a member by concurrence of Council.

Performance Audit Committee

Mr. Shea confirmed the following persons are willing to serve from the 2002 Performance Audit Committee: John Stern, Chair, Alex Azar, M.D., Fred Mitchell, Michael Bloxham, Herb Geary, Robert Moore and, appointed during a recent Council meeting Brian Kilgore, to replace Dr. John Bartkovich. Additional members indicating they would not be able to serve, Anthony Sarbanes, Freda Timmons and Andrea Williams. Council concurred.

On motion made by Mrs. Bartkovich, seconded by Mr. Long, and unanimously carried, Council approved appointment of the aforementioned committees as submitted.

PUBLIC COMMENT

Mrs. Tee O’Connor thanked Council for providing funds to enable Access26 to broadcast live or rebroadcast meetings and community events. She encourages continued support.

COUNCIL COMMENTS

President Sarbanes addressed the question of whether Council has a vacancy on the Board of Access26. Mr. Shea responded, the previous Council determined that three positions would be held by Council members and currently, there are two serving; Mrs. Prettyman and Mr. Long. At the request of Mrs. Prettyman, Council agreed to delay appointment. When Council is prepared to make the appointments, Mr. Sarbanes remarked that he had nominees for consideration.

Mr. Taylor read the following Resolution to acknowledge the death of Lt. Col. Ernest Leatherbury, who passed away on Friday, February 21, 2003. Copies of funeral arrangements were made available.

A RESOLUTION

OF THE COUNTY COUNCIL OF WICOMICO COUNTY, MARYLAND

WHEREAS, Ernest J. Leatherbury, Sr. earned recognition as one of the first African Americans on the Lower Eastern Shore to join the Maryland State Police in 1972, and gained distinction as the highest ranking African-American officer when he retired as a lieutenant colonel in 1997; and

WHEREAS, during his 25-year tenure with the Maryland State Police, he rose to the agency’s No. 3 position as chief of field operations, supervising patrol and traffic enforcement and 1,100 troops in 32 barracks statewide; and

WHEREAS, his community further showed its regard by making him Crisfield Police Chief, the position he held when he was called home, doing what he loved the most and did the best—in the line of duty, serving the public he swore to protect; and

WHEREAS, through the examples of leadership he showed us, and a son in law enforcement that he left us, he has assured that he will always be with us;

NOW, THEREFORE, be it resolved by the County Council of Wicomico County, Maryland, that Chief Ernest J. Leatherbury, Sr. be, and hereby is, saluted for his devotion to his community, for having built his career on a foundation of character, showing that in valor there is honor, choosing selflessness over selfishness and modesty over conceit; showing the dedication he needed to do his job well and the dedication to his community to keep it safe; and forever seeing the endless possibilities for making a difference in the lives of others through duty and service; and we further call upon the citizens of Wicomico County to join us in expressing our deepest condolences to his family over their loss, and the appreciation, the admiration, and the affection of a grateful but saddened community.

Mrs. Prettyman called attention to a memorandum from Gary Mackes, Director of Recreation and Parks, regarding leading indicators. A fact sheet of year-to-date growth indicators for Youth and Civic Center, as of January 16, 2003, event revenue, food service revenue, operating budget, and, expenses and room tax revenues. Mrs. Prettyman stated there are three different formats used in the report; event revenue shows net profit figure; food service, shows gross sales, and the operating budget eliminates payroll and capital outlay. She wished to see consistency in the report and asks that Mr. Mackes resubmit it.

Motion to adjourn by Mr. Taylor, seconded by Mr. Dodd, and unanimously carried, to reconvene in open Work Session at 1:00 p.m.

At 3:25 p.m., the County Council reconvened Executive Session for the sole purpose of appointing William Turner to the Transferable Development Rights Committee. Mr. Turner was appointed on motion of Mr. Dodd; the motion was unanimously carried.

Executive Session was then adjourned.

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Anthony Sarbanes, President

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Charles R. Dashiell, Jr., Vice President

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Edward T. Taylor, District 1

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Stevie Prettyman, District 2

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Gail M. Bartkovich, District 3

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Marvin R. Long, District 4

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Larry W. Dodd, District 5

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Theodore E. Shea, II

Administrative Director